Public Health And Intellectual Property Rights: Reconciling Access To Medicines With Patent Protection

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Shreya Rani, Amity Law School, Amity University Patna

Samdarshi, Amity Law School, Amity University Patna

ABSTRACT

Intellectual Property Rights, particularly patents, form the foundation of the modern pharmaceutical innovation system. They grant exclusive rights for a limited period, enabling companies to recover high research and development costs. However, this exclusivity may also restrict affordable access to essential medicines, especially in developing nations. The present article examines the legal, ethical and policy conflict between patent protection and the right to health. It analyses international frameworks and TRIPS flexibilities, evaluates India’s statutory provisions and landmark judicial decisions such as the compulsory licence for Nexavar, and reviews mechanisms like compulsory licensing, patent pools, voluntary licensing and tiered pricing. The study advocates a balanced approach that safeguards innovation while strengthening public health protections. The Indian experience demonstrates that statutory flexibility, judicial vigilance and creative licensing can uphold both innovation and access.

Keywords: Intellectual Property, Patents, Access to Medicines, Compulsory Licensing, TRIPS Flexibilities, Right to Health

PUBLIC HEALTH AND INTELLECTUAL PROPERTY RIGHTS- RECONCILING ACCESS TO MEDICINES WITH PATEN.

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